Revised Council Agenda
Revised Items are Italicized.

Meeting Number: 2

Tuesday, February 11, 2020 at 1:00 P.m. - 6:00 P.m.

Council Chamber

​Alternate formats for this document are available upon request.

Council meetings are live video and audio streamed on the City's website.

Note: As per Section 7.1(h) of the Council Procedural By-Law, Council will take a ten minute recess after two hours have passed since the last break.​

---

1.

CALL TO ORDER

INDIGENOUS LAND ACKNOWLEDGEMENT

We begin today by acknowledging that we walk upon the traditional territories of Indigenous Peoples and we recognize their history, spirituality, culture, and stewardship of the land. We are grateful to all Indigenous groups for their commitment to protect the land and its resources and we are committed to reconciliation, partnership and enhanced understanding.

2.

DISCLOSURE OF PECUNIARY INTEREST

3.

APPROVAL OF PREVIOUS MINUTES

3.1

COUNCIL MINUTES - JANUARY 28, 2020

• 1. That the Minutes of the Council Meeting held on January 28, 2020 be adopted.

4.

PRESENTATIONS

5.

DEPUTATIONS

5.1

DEPUTATIONS - CITY OF MARKHAM’S COMMUNITY FLAG RAISINGS AND FLAG PROTOCOL POLICY

The following individuals will address Council on this matter:

1. Juni Yeung
2. John Hui
3. Kenny Wan
4. Ali Chatha
5. Masood Mohajer
6. Dinh Tran
7. Joyce Li
8. Jason Wang
9. Qi Yu
10. Aaron Lee
11. Anthony Nguyen
12. Alicia Chiu
13. Andy Fong
14. Gloria Fung
15. Michelle Chu
16. Norman Beach

(Item 8.2.4, Report No. 4)

6.

COMMUNICATIONS

6.1

COMMUNCIATION - MONARCH BERCZY GLEN DEVELOPMENT LTD. APPLICATION FOR DRAFT PLAN OF SUBDIVISION 19TM-18005 AND ZONING BY-LAW AMENDMENT

Letter dated February 11, 2020 from Don Given, Malone Given Parsons regarding Monarch  Berczy Glen Development Ltd. Application for Draft Plan of Subdivision and Zoning By-law Amendment.

(Item 8.1.3, Report No. 3)

• 1. That the letter dated February 11, 2020 from Don Given, Malone Given Parsons regarding Monarch  Berczy Glen Development Ltd. Application for Draft Plan of Subdivision and Zoning By-law Amendment, be received.

6.2

COMMUNICATIONS REGARDING THE CITY OF MARKHAM'S COMMUNITY FLAG RAISINGS AND FLAG PROTOCOL POLICY (3.4)

1. Email dated February 10, 2020, from Derek Wu, providing comments.
2. Email dated February 10, 2020, from David McBeth, providing comments.
3. Email dated February 11, 2020, from Ben Leung, providing comments.

(Item 8.2.4, Report No. 4)

7.

PROCLAMATIONS

7.1

PROCLAMATION AND FLAG RAISING REQUESTS (3.4)

No Attachment

• 1. That the following proclamation, issued by the City Clerk in accordance with the City of Markham Proclamation Policy, be received for information purposes:
     1. Heritage Week - February 17-23, 2020
  2. That the following request for flag to be raised at the Anthony Roman Markham Civic Centre flagpole, approved by the City Clerk in accordance with the City of Markham Community Flag Raisings & Flag Protocol Policy, be received for information purposes:
     1. Prince of Wales Prize Flag - Heritage Week - February 17-23, 2020 (Organized by the City of Markham)

8.

REPORT OF STANDING COMMITTEE

8.1

REPORT NO. 3 - DEVELOPMENT SERVICES COMMITTEE (JANUARY 27, 2020)

Please refer to your January 27, 2020 Development Services Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the Development Services Committee be received & adopted. (Items 1 to 3):

8.1.1

REQUEST FOR DEMOLITION-DETACHED GARAGE 195 MAIN STREET NORTH, MARKHAM VILLAGE, DP 19 140818 (16.11, 10.13)

• 1. That the staff report entitled “Request for Demolition-Detached Garage, 195 Main Street North, Markham Village, DP 19 140818”, dated January 27, 2020 be received; and,
  2. That Council approve the proposed demolition of the existing non-heritage detached garage at 195 Main Street North, which is located in the Markham Village Heritage Conservation District; and further,
  3. That staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.2

FINAL REPORT CORNELL ROUGE NATIONAL URBAN PARK GATEWAY STUDY (WARD 5) (10.0, 6.3)

• 1. That the staff report entitled ‘Final Report: Cornell Rouge National Urban Park Gateway Study’, dated January 27, 2020, be received; and,
  2. That the Cornell Rouge National Urban Park Gateway Study Final Report be endorsed as a framework for the creation of a pedestrian-focused Gateway connecting Cornell Centre and the Rouge National Urban Park; and,
  3. That the City engage Cornell landowners and agencies through the Markham Sub-Committee in a block planning and land use exercise for lands within Cornell Centre between Donald Cousens Parkway and Rouge National Urban Park to determine appropriate land uses, built form and streetscape design to achieve the Gateway vision; and,
  4. That the City create a working group to include senior staff from the City, Ministry of Transportation, York Region and Parks Canada to review opportunities to advance streetscape improvements along Highway 7 and Reesor Road and explore a multi-year design, funding and implementation strategy for a pedestrian/cycling access bridge over Highway 7; and,
  5. That the City work with senior staff from Parks Canada and report back on opportunities for tourism-related activities that will economically support the Gateway for the Rouge National Urban Park; and further,
  6. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.1.3

MONARCH BERCZY GLEN DEVELOPMENT LTD. APPLICATION FOR DRAFT PLAN OF SUBDIVISION 19TM-18005 AND ZONING BY-LAW AMENDMENT TO PERMIT 159 DETACHED UNITS, 44 LANE BASED TOWNHOUSES,

84 BACK-TO-BACK TOWNHOUSES, 28 STREET TOWNHOUSES AND ONE HERITAGE DWELLING AT 3319 ELGIN MILLS ROAD EAST (WARD 2) FILE NO. SU/ZA 18 181743 (001).

MATTAMY WALMARK DEVELOPMENT LTD., MATTAMY (MONARCH) LTD., E.M.K. CONSTRUCTION LTD. AND TREELAWN CONSTRUCTION LTD. APPLICATION FOR DRAFT PLAN OF SUBDIVISION 19TM-18004 AND ZONING BY-LAW AMENDMENT TO PERMIT 257 DETACHED UNITS, 264 LANE BASED TOWNHOUSES, 110 BACK-TO-BACK TOWNHOUSES AND 97 STREET TOWNHOUSES AT 10521 WOODBINE AVENUE (WARD 2)  FILE NO. SU/ZA 18 181743 (002) (10.7, 10.5)

• 1. That the report titled “RECOMMENDATION REPORT, Monarch Berczy Glen Development Group Ltd., Applications for Draft Plan of Subdivision 19TM-18005 and Zoning By-law Amendment to permit 159 detached units, 44 lane based townhouses, 84 back-to-back townhouses, 28 street townhouses, two residential part lots and one heritage dwelling at 3319 Elgin Mills Road East (Ward 2) and Mattamy Walmark Development Ltd., Mattamy (Monarch) Ltd., E.M.K. Construction Ltd. and Treelawn Construction Ltd., Applications for Draft Plan of Subdivision 19TM-18004 and Zoning By-law Amendment to permit 257 detached units, 264 lane based townhouses, 110 back-to-back townhouses, 97 street townhouses and 16 residential part lots at 10521 Woodbine Avenue (Ward 2)”, be received; and,
  2. That the record of the Public Meeting held on June 18, 2018, regarding the Applications for a Draft Plan of Subdivisions, and Zoning By-law Amendment by Monarch Berczy Glen Development Group Ltd. (19TM-18004) and Mattamy Walmark Development Limited, Mattamy (Monarch) Ltd., E.M.K. Construction Ltd. and Treelawn Construction Ltd. (19TM-18005), at 3319 Elgin Mills and 10521 Woodbine Avenue, be received; and,
  3. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and,
  4. That staff be authorized to finalize the content of the zoning by-law amendment with the applicants, in consultation with applicable public agencies and in accordance with this report; and,
  5. That the draft Zoning By-law Amendment attached as Appendix ‘A’ submitted by Monarch Berczy Glen Development Ltd. and Mattamy Walmark Development Limited, Mattamy (Monarch) Ltd., E.M.K. Construction Ltd. and Treelawn Construction Ltd., to amend Zoning By-law 177-96, as amended be brought forward to a future Council meeting and enacted without further notice once the by-law has been finalized; and,
  6. That Draft Plans of Subdivision 19TM-18004 and 19TM-18005 submitted by Monarch Berczy Glen Development Ltd. and Mattamy Walmark Development Limited, Mattamy (Monarch) Ltd., E.M.K. Construction Ltd. and Treelawn Construction Ltd., be approved subject to the conditions outlined in Appendix ‘B’ and Appendix ‘C’; and,
  7. That the Director of Planning and Urban Design, or his designate, be delegated authority to issue draft approval, subject to the conditions set out in Appendix ‘B’ and Appendix ‘C’ and as may be amended by the Director of Planning and Urban Design; and,
  8. That the draft plan approval for Draft Plan of Subdivisions 19TM-18004 and 19TM-18005 will lapse after a period of three (3) years from the date of Council approval in the event that a subdivision agreement is not executed within that period; and,
  9. That Council assign servicing allocation for up to 1053 dwelling units for Draft Plan of Subdivisions 19TM-18004 and 19TM-18005; and further,
  10. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2

REPORT NO. 4 - GENERAL COMMITTEE (FEBRUARY 3, 2020)

Please refer to your February 3, 2020 General Committee Agenda for reports.

Mayor and Members of Council:

• That the report of the General Committee be received & adopted. (Items 1 to 5):

8.2.1

MINUTES OF THE NOVEMBER 4, 2019 RACE RELATIONS COMMITTEE (16.0)

• 1. That Markham City Council condemn Quebec’s Bill 21 - An Act Respecting the Laicity of the State; and,
  2. That a copy of this resolution be provided to the Premier of Quebec and the Prime Minister of Canada.

8.2.2

AWARD OF TENDER 216-T-19 BLOCK TREE PRUNING PROGRAM – YEAR 1 of 3 (Part 2) (7.12)

• 1. That the report entitled “Award of Tender 216-T-19 Block Tree Pruning Program – Year 1 of 3 (Part 2)” be received; and,

  2. That the contract for Tender 216-T-19 Block Tree Pruning Program – Year 1 of 3 (one grid area) be awarded to the lowest priced bidder, W.M Weller Tree Service Ltd., in the amount of $241,349.06, inclusive of HST; and,

  3. That the estimated costs of $241,349.06 be funded from account 059-6150-20197-005 (Block Pruning Initiative –Year 1 of 3) with budget available of $14,533.35; and,

  4. That the budget shortfall in the amount of $226,795.71 ($241,349.06 - $14,533.35) be funded from the Life Cycle Replacement and Capital Reserve Fund; and further,

  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.3

CITY OF MARKHAM GATEWAY MASTER PLAN REPORT (10.0)

Note: Please see Memo dated February 7, 2020 on the "Gateway Master Plan Final with Committee Comments".

• 1. That the presentation entitled "City of Markham Gateway Master Plan" be received; and,
  2. That the report dated October 2019 entitled "City of Markham Gateway Master Plan" be received; and,
  3. That the memorandum "Updated Gateway Master Plan Final with Committee Comment" be received; and,
  4. That the strategies and guidelines outlined in the "Updated Gateway Master Plan Final with Committee Comment" be endorsed; and further,
  5. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

8.2.4

CITY OF MARKHAM’S COMMUNITY FLAG RAISINGS AND FLAG PROTOCOL POLICY (3.4)

• 1. That the report entitled “City of Markham’s Community Flag Raising & Flag Protocol Policy” be received; and,
  2. That the deputation presentations made by Robert Mok, Martin Leung, Peggy Leung, Marcus Kolga, Eira Keay and Shanta Sundarason be received; and,
  3. That Appendix “A” of the current Policy (see Policy included as Attachment “B”) be amended to include the following additional Solemn Days of Commemoration in accordance with the Federal Government’s National flag etiquette guidelines: June 23 (National Day of Remembrance for Victims of Terrorism); Second Sunday of September (Firefighters National Memorial Day); and the last Sunday in September (Police and Peace Officer’s National Memorial Day); and   
  4. That City of Markham Community Flag Raising & Flag Protocol Policy be amended to eliminate the flying of any National Flag other than the Canadian Flag at the Markham Civic Centre or any City owned facility except in the event of a visit by a dignitary to the City of Markham; and further,
  5. That staff be authorized and directed to do all things necessary to give effect to this resolution.

      

8.2.5

CHANGES TO THE 2020 COUNCIL AND STANDING COMMITTEE CALENDAR (16.0)

• 1. That the April 20, 2020 Development Services Committee meeting time be changed to 9:00 am - 12:00 pm and reconvene at 2:00 pm - 5:00 pm; and,
  2. That a Special General Committee meeting be scheduled for April 20, 2020 from 12:00 pm - 1:00 pm.

9.

MOTIONS

10.

NOTICE OF MOTION TO RECONSIDER

11.

NEW/OTHER BUSINESS

As per Section 2 of the Council Procedural By-Law, "New/Other Business would generally apply to an item that is to be added to the Agenda due to an urgent statutory time requirement, or an emergency, or time sensitivity".

11.1

NEW/ OTHER BUSINESS - DESTINATION MARKHAM CORPORATION BOARD OF DIRECTORS APPOINTMENTS (16.24)

Note: This matter was referred directly to the February 11, 2020 Council from the February 11, 2020 Special Development Services Committee.

 

• At the December 10, 2019 Council meeting, Council deferred consideration of the following recommendation to a future meeting date:

  1. That Council endorse the appointment of the following four (4) members of Council to serve as the non-independent Directors; Mayor Scarpitti, Councillor Keyes, Councillor Collucci, Councillor Usman; and such directors to be duly appointed by Council, at the first Annual General Meeting of the Corporation in early 2020.

11.2

APPLICATION FOR ZONING BY-LAW AMENDMENT AND DRAFT PLAN OF SUBDIVISION, SUBMITTED BY CONDOR PROPERTIES LTD. TO PERMIT TWO RESIDENTIAL TOWERS OF 50 AND 45 STOREYS CONNECTED BY A 10 STOREY PODIUM

AT 25, 11, 9, AND 5 LANGSTAFF ROAD EAST (WARD 1) FILE NOS. ZA 18 162178 AND SU 18 162178 (10.5, 10.7)

Note: Please see Memo dated February 11, 2020 from the Commissioner, Development Services on "Application for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Condor Properties Ltd. to permit two residential towers of 50 and 45 storeys connected by a 10 storey podium at 25, 11, 9, and 5 Langstaff Road East (Ward 1) File No. ZA 18 162178 and SU 18 162178"

Please refer to your February 11, 2020  Special Development Services Agenda for reports and attachments.

• 
  Note: This matter was referred directly to the February 11, 2020 Council from the February 11, 2020 Special Development Services Committee.

   

  1. That the staff report entitled “RECOMMENDATION REPORT, Application for Zoning By-law Amendment and Draft Plan of Subdivision, submitted by Condor Properties Ltd. to permit two residential towers of 50 and 45 storeys connected by a 10 storey podium at 25, 11, 9, and 5 Langstaff Road East (Ward 1), File Nos. ZA 18 162178 and SU 18 162178”, be received; and

      

  2. That the record of Public Meeting held on June 18, 2019 regarding the applications by Condor Properties Ltd. for Zoning By-law Amendment and Draft Plan of Subdivision 19TM-18006, be received; and,

      

  3. That Council endorse the “Final Draft West Precinct Plan” attached as Appendix ‘C’; and,

      

  4. That Council endorse the “Final Draft Phasing Plan” attached as Appendix ‘D’; and,

      

  5. That Zoning By-law Amendment application (ZA 18 162178) submitted by Condor Properties Ltd. and attached as Appendix ‘B’ be finalized and enacted without further notice; and,

      

  6. That Draft Plan of Subdivision 19TM-18006 (SU 18 162178) submitted by Condor Properties Ltd. be approved subject to the conditions outlined as Appendix ‘A’ as may be modified by the Director of Planning and Urban Design or designate; and,

      

  7. That Council assign servicing allocation for a maximum of 1,090 apartment units; and,

      

  8. That in accordance with the provisions of subsections 45 (1.4) of the Planning Act, R.S.O. 1990, c.P.13, as amended, the Owners shall through this Resolution, be permitted to apply to the Committee of Adjustment for a variance from the provisions of the accompanying Zoning By-law, before the second anniversary of the day on which the by-law was approved by Council; and further,

      

  9. That Staff be authorized and directed to do all things necessary to give effect to this resolution.

12.

ANNOUNCEMENTS

13.

BY-LAWS - THREE READINGS

That By-laws 2020-6 be given three readings and enacted.

Three Readings

13.1

BY-LAW 2020-6 ROAD DEDICATION BY-LAW - DOVE LANE

A by-law to dedicate certain lands as part of the highways of the City of Markham (Part of Lot 26, Plan 3512 7, designated as Parts 6, 7, 8 and 9, on Plan 65R-36933 - Dove Lane)

14.

CONFIDENTIAL ITEMS

• That, in accordance with Section 239 (2) of the Municipal Act, Council resolve into a private session to discuss the following confidential matters:

14.1

APPROVAL OF CONFIDENTIAL COUNCIL MINUTES - DECEMBER 10, 2019 (10.0)

14.2

DEVELOPMENT SERVICES COMMITTEE

14.2.1

ADVICE THAT IS SUBJECT TO SOLICITOR-CLIENT PRIVILEGE, INCLUDING COMMUNICATIONS NECESSARY FOR THAT PURPOSE - GEOEXCHANGE-BASED COMMUNITY ENERGY SYSTEM PILOT PROJECT UPDATE (WARDS 2 AND 6) (5.0)[Section 239 (2) (f)]

Development Services Committee consented to place this item on the February 11, 2020 confidential Council agenda for consideration.

15.

CONFIRMATORY BY-LAW - THREE READINGS

• That By-law 2020-7 be given three readings and enacted.

  Three Readings

  BY-LAW 2020- A BY-LAW TO CONFIRM THE PROCEEDINGS OF THE COUNCIL MEETING OF FEBRUARY 11, 2020.
  No attachment

16.

ADJOURNMENT